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NO STANDING-COMMERCIAL METER ZONE Violation with no knowledge of ticket

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ooplhiqoo

Junior Member
Hello,

Today I got a letter from my car dealership saying I owe them money for a ticket. I saw the violation number and checked the ticket online. I received a ticket for no standing in a commercial meter zone never knowing about it. It was in New York City, lower Manhattan. The comments stated "Drive off." I know exactly when this happened and what I was doing there. I dropped of relatives and left to go home. I did not remain there.

Here is my problem: since I did not know I had a ticket I do not make a plea within 30 days. I now have an added penalty and cannot schedule a hearing. I emailed NYC parking services explaining and asking for a hearing; waiting for a reply. Anything I can do in the meanwhile? I know I am not guilty of this ticket and I don't have the words to describe the person that issued it. It is a clear lie because I know what a no standing sign means. Thanks for the help.
 


Silverplum

Senior Member
Hello,

Today I got a letter from my car dealership saying I owe them money for a ticket. I saw the violation number and checked the ticket online. I received a ticket for no standing in a commercial meter zone never knowing about it. It was in New York City, lower Manhattan. The comments stated "Drive off." I know exactly when this happened and what I was doing there. I dropped of relatives and left to go home. I did not remain there.

Here is my problem: since I did not know I had a ticket I do not make a plea within 30 days. I now have an added penalty and cannot schedule a hearing. I emailed NYC parking services explaining and asking for a hearing; waiting for a reply. Anything I can do in the meanwhile? I know I am not guilty of this ticket and I don't have the words to describe the person that issued it. It is a clear lie because I know what a no standing sign means. Thanks for the help.
http://www.nyc.gov/html/dof/html/parking/violation_codes.shtml

Unless you booted your relatives from a moving vehicle, you were standing.
 

FlyingRon

Senior Member
Yes, I suspect you do NOT know what a stand is. While other's have alluded to the definitions, here they are from the city code:

Parking. "Parking" shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
Standing. The term "standing" shall mean the stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
Stopping. The term "stopping" shall mean any halting, even momentarily of a vehicle, whether occupied or not.​

So, if you stopped to let someone out of the car, you were standing.

These definitions are in contradiction to what people "know" are the definitions:

Parking means having the engine off and the car unoccupied.
Standing means sitting there with in the driver's seat with the engine running.
Stopping means actively unloading people or property.

If the sign says No Standing, you can't stop to let people out of the car.
 

Zigner

Senior Member, Non-Attorney
Standing. The term "standing" shall mean the stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.


So, if you stopped to let someone out of the car, you were standing.
The definitions you posted show that actually letting folks out of the car does not meet the definition of standing.

But, I suspect the OP lingered to say goodbyes and what-not.
 

You Are Guilty

Senior Member
The definitions you posted show that actually letting folks out of the car does not meet the definition of standing.

But, I suspect the OP lingered to say goodbyes and what-not.
Undoubtedly. It is the "actively" requirement that always gets people. Essentially, if the ticket writer has enough time to observe the car, approach, obtain and write down all the required info (license, reg, etc) and the car is still there, it's not "actively" doing anything but standing/stopping/parking.

That said, one can usually get the late fee dismissed, even if found guilty of the underlying infraction, if they can show they were not notified of the ticket.
 

ooplhiqoo

Junior Member
is it just me or are most of you contradicting yourselves with the definitions

They state you are allowed to discharge passengers. how ACTIVELY should they get out of the car. Treat it like a fire drill right? ticket writer had nothing except the plate number. for all I know he could have been across the street; car doesn't have front plate. Just doesn't seem fair at all, all the streets for the next few blocks are no standing. What does that mean? drop them off 10 blocks away?

Anyway thanks for trying.
 

Silverplum

Senior Member
You are ever-so welcome!!


They state you are allowed to discharge passengers. how ACTIVELY should they get out of the car. Treat it like a fire drill right? ticket writer had nothing except the plate number. for all I know he could have been across the street; car doesn't have front plate. Just doesn't seem fair at all, all the streets for the next few blocks are no standing. What does that mean? drop them off 10 blocks away?

Anyway thanks for trying.
:rolleyes:
 

HighwayMan

Super Secret Senior Member
Undoubtedly. It is the "actively" requirement that always gets people.
Exactly. I see motorists stop to drop off passengers and the activity turns into a massive and prolonged farewell with hugs, kisses, chatting, etc. IF you are going to say goodbye and engage in last minute banter then do it in the car prior to stopping at the curb.
 

HighwayMan

Super Secret Senior Member
They state you are allowed to discharge passengers. how ACTIVELY should they get out of the car.
It has nothing to do with how long it takes the passengers to exit the vehicle. As long as there is no dilly dallying prior to or subsequent to the discharge

Treat it like a fire drill right?
Hardly.

... all the streets for the next few blocks are no standing. What does that mean? drop them off 10 blocks away?
No, just drop them off expeditiously.
 

HighwayMan

Super Secret Senior Member
If the sign says No Standing, you can't stop to let people out of the car.
No Ron. as Zigner pointed out.

Passenger pickup/drop off is specifically permitted in a "no standing" zone. It's just that most people feel that this permits them to have a family reunion at curbside while the car is sitting there.
 

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